[HISTORY: Adopted by the Board of Supervisors of the Township
of Harborcreek 6-5-1996 by Ord.
No. 96-168. Amendments noted where applicable.]
A schedule of attorneys' fees to be assessed, imposed and collected
in actions involving collection of municipal claims, reflecting consideration
of those factors enumerated in 53 P.S. § 7106(a.1), as amended
by Act 1 of 1996, is hereby established as follows:
A.
No attorneys' fees shall be assessed, imposed or collected by Harborcreek
Township in connection with the preparation, filing or satisfaction
of municipal liens which involve no contested or litigated proceedings
in any court of competent jurisdiction.
B.
In actions under the General Municipal Law, including 53 P.S. § 7187,
as amended by Act 1 of 1996, for the collection of municipal claims
and liens under civil proceedings or a scire facias sur municipal
lien proceeding, attorneys' fees shall be assessed, imposed and collected
as follows:
(1)
In an action brought by the Township seeking judgment upon a lien
in which no affidavit of defense is filed by the property owner or
otherwise and judgment is obtained without contested proceedings,
attorneys' fees shall be assessed, imposed and collected at an hourly
rate of $125 for all legal services performed, fees in an uncontested
proceeding and execution action not to exceed $2,500, this maximum
based upon services involved therein;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
In a civil or scire facias sur municipal lien proceeding brought
by a property owner or party other than the Township in which the
property owner or other party asserts a defense to the Township's
lien or otherwise challenges or seeks to avoid collection of a municipal
claim by the Township, attorneys' fees shall be assessed, imposed
and collected at an hourly rate of $125 for all legal services performed
on behalf of the Township in said proceeding;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
In a civil or scire facias sur municipal lien proceeding brought
by the Township in which the property owner or other party asserts
a defense to the Township's lien or otherwise challenges or seeks
to avoid collection of a municipal claim by the Township, attorneys'
fees shall be assessed, imposed and collected at an hourly rate of
$125 for all services rendered for the Township in said proceeding;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(4)
In any proceeding at law or in equity brought by a property owner
or other third party against the Township seeking to enjoin or avoid
a liability to the Township or any of its departments which by law
constitutes a municipal lien under 53 P.S. § 7102, attorneys'
fees shall be assessed, imposed and collected at an hourly rate of
$125 for all legal services performed on behalf of the Township in
said proceeding;
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(5)
Attorneys' fees under this schedule shall be assessed and imposed
for all legal services provided to and on behalf of the Township in
all of the above proceedings in any court and shall continue to be
earned, assessed and imposed as to all legal services provided for
and on behalf of the Township in any appeal filed by the other party
which results in a verdict, award or other resolution more favorable
to the Township than that claimed by the property owner or other party
to be due;
(6)
This schedule is not intended to establish any duplication in recovery
of attorneys' fees and reflects a consideration of the time and nature
of legal services involved, the skill requisite to properly represent
the Township and an hourly rate for services lower than that customarily
charged by members of the local bar but which is commensurate with
rates paid by the Township for services. In that the Township does
not institute scire facias sur municipal lien proceedings for judgment
and execution upon liens unless the delinquent sum warrants such an
action and the services involved in proceedings to obtain judgment
and execution are mandated by statute and rules of procedure without
regard to the amount in controversy, the Board of Supervisors finds
that the contingency or certainty of compensation is irrelevant to
determining a proper fee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where in actions of scire facias sur municipal lien, execution upon judgments or otherwise applicable rules of civil procedure require that all sums sought by the Township be set forth with particularity, sums assessed with regard to collection of municipal claims as attorneys' fees shall be stated at $2,500 in accordance with § 294-1B(1) of this chapter, subject and without prejudice to an increase in said attorneys' fees in the event of contested proceedings subject to § 294-1B(2) through (5) of this chapter. In all cases and prior to actual collection of sums for attorneys' fees, the Township Solicitor or other attorney retained to represent the Township in such matter shall prepare and file with the Township Secretary and the court having jurisdiction over the matter a verified certification of services and fees due at the rates established under this chapter. This certification shall describe the services performed, state the time devoted to representation of the Township in the matter and the fees due at the specified approved hourly rate therefor. Upon filing of such certification, the Township by its counsel in the matter shall file in the court having jurisdiction over the matter such documents as may be required to establish the specific sum due for attorneys' fees, which sum shall be prima facie evidence of the facts averred therein, constitute a lien upon the subject property as provided in amended 53 P.S. § 7106(a) and be subject to collection together with the municipal claim and other charges, expenses and fees incurred as a result of nonpayment thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In all proceedings to enforce ordinances of Harborcreek Township,
in all proceedings brought by third parties seeking to avoid enforcement
of a Township ordinance and in all appeals from determinations of
the Township's enforcement of Township ordinances in which the
services of the Township Solicitor or other legal counsel retained
by the Township are deemed by the Township to be necessary, an hourly
rate of $125 for all services by such Solicitor or attorney for services
rendered on behalf of Harborcreek Township is hereby established as
reasonable for services rendered in such a matter. In all such proceedings
involving enforcement of Township ordinances and appeals therefrom,
all attorneys' fees incurred by the Township calculated at the established
hourly rate for all services rendered in the matter shall be assessed
and imposed in full by the court having appropriate jurisdiction as
within the judgment upon a finding of violation. It is the express
intention of this chapter that all attorneys' fees and costs incurred
by Harborcreek Township in defense of an appeal brought by any person
or entity found to have violated a Township ordinance shall be added
to the original court's judgment in the event such appeal is
denied, dismissed or resolved in any manner less favorable to the
appellant that the appellant's represented defense to the enforcement
proceeding.
All attorneys' fees incurred in a matter related to enforcement of Township ordinances shall be certified and verified by the Solicitor or attorney representing Harborcreek Township in the matter in accordance with the provisions set forth in § 294-2. Such certification shall be submitted to the court having appropriate jurisdiction prior to such court's entry of a decision in a contested proceeding and shall be prima facie evidence of the facts averred therein.
All costs incurred by or on behalf of Harborcreek Township in
proceedings upon municipal claims or enforcement of Township ordinances
are hereby imposed, as is applicable, upon the property subject to
the lien and its owner(s) and persons or entities found to have violated
an ordinance of the Township. Such costs shall include but not be
limited to all filing and satisfaction fees, all charges for service
of process, all sums paid for certified mail service of notice required
by statute or rules of procedure and, in actions to collect municipal
claims, sums paid by the Township for lien or title examinations of
property required to prepare affidavits of lienholders and parties
in interest. In all such proceedings, the Township shall submit to
or file with the court having appropriate jurisdiction such certification(s)
of costs as may be required and all costs as so certified shall be
imposed, assessed and collected as part of any judgment.
All attorneys' fees and costs incurred by Harborcreek Township
in actions relating to collection of municipal claims and enforcement
of Township ordinances shall be the responsibility of the person or
entity found to be responsible for such claim or violation, shall
be a part of any judgment entered in the matter and, to the extent
permitted by the General Municipal Law, shall with the primary debt
constitute a municipal claim and lien upon the property subject to
the action and its owner(s).
All sums collected as attorneys' fees and costs pursuant to
this chapter shall be paid over to Harborcreek Township, subject to
its payment of such fees and costs to the parties entitled thereto
under retention and contractual agreements with the Township.
The Township Treasurer and the Township Solicitor shall maintain
appropriate records and files with regard to legal services, fees
and costs incurred by the Township in such matters and all sums due
and collected in such matters. All attorneys performing services for
and on behalf of Harborcreek Township in such proceedings shall maintain
time records for all services performed and costs incurred and shall,
upon proper request therefor, submit such records to the Township
Treasurer and/or Township Solicitor.
If any section, subsection, sentence, clause, phrase or portion
of this chapter or its application to any person, property or circumstances
is for any reason held invalid or unconstitutional by any court, such
holding shall not be construed to affect the validity of any of the
remaining provisions of this chapter or its application, for such
portion shall be deemed as a separate, distinct and independent provision
from the remaining provisions which shall be and remain in full force
and effect. It is hereby declared the legislative intent that this
chapter would have been adopted had such valid or unconstitutional
provision of its application not been included herein.
All ordinances or parts of any ordinances inconsistent herewith
are hereby repealed.
This chapter shall be effective on and after June 5, 1996.
